If a couple that is not married has a joint mortgage and is splitting up, will the person moving out still be liable for making payments?

A woman that I know is trying to leave her boyfriend but has a joint mortgage. If she moves out is there a way that she will not be liable for the house payments if her ex refuses to pay? Can she just simply call up the company and take her name off the mortgage?

Asked on July 24, 2012 under Real Estate Law, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, she can not.  She signed a contract and a note to pay the money and if the money is not paid the lender has the right to go after her and for the entire amount.  They are "jointly and severally" liable.  She can only get off the documents if he refinances them in to his name only or they pay it off (then there is no liability).  Please have her get legal help.  Good luck.

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